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SUMEET GOEL
Baljeet Singh – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Sumeet Goel, J.
By way of instant order, this Court is proceeding to decide the application (CRM-21064-2024) filed by the applicant-appellant for staying the judgment of conviction/suspending the conviction.
2. Vide judgment dated 07.06.2023 passed by Additional Sessions Judge, Special Court, Kaithal, Haryana; the applicant-appellant was convicted for offences punishable under Sections 376(2) (n)/506/201 of IPC and Section 3(1)(w)(i) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Further, the applicant-appellant was extended the benefit of doubt qua offences under Section 328 of IPC and Section 3(1)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and was accordingly acquitted of the said charges. Thereafter, vide order of sentence dated 07.06.2023, the applicantappellant was awarded the following sentence(s):-
| Under Section 376(2)(n) of the Indian Penal Code,1860 | To undergo rigorous imprisonment for a period of Ten (10) years and to pay a fine of rupees twenty five thousand (Rs. 25,000/-). In default of payment of fine, he shall further undergo rigorous imprisonment for a period of five (5) |
The distinction between suspension of sentence and stay of conviction is critical; the latter requires exceptional circumstances, particularly in serious offences.
Suspension of conviction in criminal cases, especially for corruption, is only permissible in exceptional circumstances where irreversible harm can be shown.
Suspension of conviction may occur only in exceptional circumstances, particularly when significant injustice would result; the right to contest elections is not fundamental but statutory.
Conviction may be stayed if it leads to significant disqualification consequences, protecting the appellant's rights pending appeal.
Section 389 of the Code of Criminal Procedure, 1973, empowers the appellate court, pending an appeal by a convicted person and for reasons to be recorded in writing to order that the execution of a s....
Public Servant - Illegal gratification – Suspension of sentence - Power to suspend an order of conviction, apart from order of sentence, is not alien to Section 389(1) of Code, its exercise should be....
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